Massachusetts Minimum Wage: Current Rate & Scheduled Increases

The Fair Labor Standards Act (FLSA), 29 U.S.C. Section 206, establishes the federal minimum wage at $7.25 per hour. This rate has been unchanged since 2009 and applies to all covered employees in every state unless state law provides a higher minimum wage. The FLSA covers employees of enterprises with annual gross volume of sales or business of at least $500,000 and most employees engaged in interstate commerce. Under the FLSA, employers are required to pay the minimum wage for all hours worked, and states may establish their own minimum wage requirements above the federal floor. The U.S. Department of Labor enforces the FLSA. When a state minimum wage exceeds the federal rate, employers must pay the higher state minimum wage. Remedies for federal FLSA violations include back wages, liquidated damages equal to unpaid wages, and attorney fees and court costs.

The FLSA permits certain limited exemptions from minimum wage requirements, including executive, administrative, and professional employees, outside salespersons, and certain computer employees. These exemptions require strict compliance with duties tests and salary level thresholds. The FLSA also provides a subminimum wage for employees under 20 years old during their first 90 consecutive calendar days of employment at $4.25 per hour. Additionally, the FLSA allows a lower minimum wage for workers with disabilities and full-time students working in retail or service establishments.

Massachusetts General Laws Chapter 151, Section 1 establishes the Massachusetts minimum wage, which is significantly higher than the federal minimum wage. As of January 1, 2024, the Massachusetts minimum wage is $15.00 per hour. Massachusetts law requires all employers to pay at least this amount to covered employees, regardless of whether the employer meets the FLSA's enterprise coverage requirements. This means that some small employers covered only by Massachusetts law (not the FLSA) must still comply with the $15.00 minimum wage.

Massachusetts minimum wage law is substantially stronger than the federal FLSA in several ways. First, the state's $15.00 rate is more than double the federal $7.25 minimum wage, providing greater wage floor protection. Second, Massachusetts law covers more employers than the FLSA because Massachusetts does not have the same enterprise volume threshold that the FLSA uses. Third, Massachusetts provides limited exemptions compared to federal law. While Massachusetts recognizes certain limited exemptions for specific occupational categories (such as seasonal farm workers, domestic workers in certain circumstances, and certain learners), the state does not permit the broad executive, administrative, and professional exemptions that the FLSA allows.

Massachusetts General Laws Chapter 151 applies to virtually all private and public employers operating in Massachusetts. The statute provides no exemption based on employer size or annual revenue. Certain occupational categories have specific exemptions or reduced minimum wage rates under Massachusetts law. Agricultural workers, including seasonal farm workers, may have different wage requirements under Massachusetts farm labor regulations. Domestic workers employed in a household are generally covered by the state minimum wage but have specific hour and wage calculation rules under Massachusetts General Laws Chapter 149.

Massachusetts also provides a minimum wage tipped employee provision that differs from federal law. Under Massachusetts law, employers may not pay a lower base wage and credit tips toward the minimum wage; tipped employees must receive the full state minimum wage regardless of tips. This is significantly stronger than the federal FLSA's $2.13 tipped minimum wage. Additionally, Massachusetts law requires that tips be the property of the employee and prohibits employers from taking "side work" portions of tips or requiring tip pooling arrangements that unfairly benefit the employer or management.

Remedies available under Massachusetts law for minimum wage violations are robust. Employees may recover unpaid wages, plus an additional penalty equal to the unpaid wages (essentially treble damages), reasonable attorney fees, and court costs. Massachusetts also permits wage and hour claims to proceed as collective actions when multiple employees face the same wage violation. The state's statute of limitations for wage claims is longer than federal law in some circumstances.

Massachusetts minimum wage law contains limited occupational exemptions that differ from federal law. Seasonal agricultural workers, including those harvesting fruits and vegetables, are exempt from certain minimum wage requirements under Massachusetts farm labor regulations. However, even agricultural workers must receive reasonable compensation for their labor.

Domestic workers employed in private households have specific wage and hour provisions under Massachusetts General Laws Chapter 149. These workers are generally covered by minimum wage law but have different overtime calculation rules. Live-in domestic workers have special considerations regarding overtime and meal period deductions. Babysitters and caregivers employed on a casual basis (fewer than 10 hours per week) may fall outside the scope of certain wage requirements, though minimum wage still applies.

Young workers have limited exemptions under Massachusetts law. Employees under 18 years old who work part-time during school months may have different overtime requirements, but they must still receive the full minimum wage for all hours worked. There is no youth subminimum wage in Massachusetts law; unlike the federal FLSA, Massachusetts does not permit employers to pay workers under 20 a lower rate during initial employment.

Learners and apprentices may have modified compensation arrangements under Massachusetts law if enrolled in a recognized apprenticeship program, but they must still receive at least 75% of the minimum wage. Commission-based employees and piece-rate workers must receive wages that result in at least the minimum wage for all hours worked, calculated on a weekly basis.

Certain professional employees—such as licensed attorneys, physicians, and engineers—may have exemptions from overtime requirements under Massachusetts regulations, but they must still receive the minimum wage. The exemption test focuses on professional qualifications and duties, not salary level alone. Independent contractors are not covered by minimum wage law; however, Massachusetts courts apply a strict test to determine whether a worker is truly independent or is misclassified as a contractor.

Step 1: Document the violation thoroughly and systematically. Keep detailed records of all hours worked, including start and end times, breaks, and daily totals. Save pay stubs, deposit records, and any written communications with your employer about wages or hours. If your employer failed to pay minimum wage or paid below the current Massachusetts rate, photograph or screenshot your payment records and note the specific dates and amounts underpaid. Create a spreadsheet showing each week worked, hours worked per week, wage rate paid, and the minimum wage amount you should have received. Include any communications from your employer about pay rates or wage calculations. This documentation is critical evidence if you proceed with a claim.

Step 2: Attempt an internal complaint if feasible and safe. Inform your employer in writing (email is acceptable) that your wages appear to be below the Massachusetts minimum wage, citing the current rate ($15.00 per hour). Request a prompt written response explaining the wage rate and ask for correction if underpayment has occurred. Document the date you made this complaint and any response. If your employer corrects the problem, keep the documentation showing the correction was made. If your employer denies wrongdoing or does not respond, this demonstrates non-compliance and strengthens a future claim. Do not complain verbally alone; written communication creates a clear record.

Step 3: File a wage complaint with the Massachusetts Attorney General's Wage and Hour Division or the Massachusetts Department of Labor Standards. You can file online through the state's official website at www.mass.gov/service-details/file-wage-complaint or call the Wage and Hour Division at (617) 534-5758 to request a complaint form. When filing, provide your name, address, phone number, and email; your employer's name, address, and phone number; the dates you worked; the wages you received; the wages you should have received under minimum wage law; and copies of your documentation (pay stubs, emails, time records). There is no filing fee. The deadline to file a wage complaint is typically within three years of the violation, though some claims may be filed within a longer period. The complaint should explicitly state that your employer failed to pay the Massachusetts minimum wage.

Step 4: Expect an investigation by the Massachusetts Department of Labor Standards or Attorney General's office. Once you file, an investigator will contact you to request additional information and discuss the details of your claim. The investigator will also contact your employer and request payroll records, time records, and any written policies regarding wage calculation. Massachusetts law requires employers to maintain these records, and failure to produce them can result in additional penalties. The investigation typically takes 2 to 6 months, depending on case complexity and investigator caseload. During this time, avoid contact with your employer about the complaint unless necessary for work purposes; communication should be professional and limited to job duties. If your employer asks about the complaint or investigator contact, you are protected against retaliation by Massachusetts wage and hour law.

Step 5: Consult an employment attorney if the investigation does not resolve the violation or if you wish to pursue additional damages beyond back wages. Many Massachusetts employment attorneys work on contingency for wage claims, meaning they collect fees only if you recover money. An attorney can file a civil lawsuit in Massachusetts courts seeking unpaid wages, penalties equal to the unpaid wages amount, attorney fees, and court costs. Attorneys can also advise whether your case qualifies as a class or collective action if multiple employees were similarly underpaid. Contact a local legal aid organization (such as the Community Advocates law office in Boston) if you cannot afford an attorney, or search the Massachusetts Bar Association's lawyer referral service at massbenchbar.org for employment law specialists.